Where Ongoing Accrual Applies, Demurrer Based on Statute of Limitations Is Improper

In County of El Dorado v. Superior Court (Austin), published October 30, 2019, the Third District Court of Appeal declined to grant a writ disturbing a trial court decision overruling the petitioner county's demurrer in a case seeking developmental impact fees under the Mitigation Fee Act for the county's alleged failure to make findings justifying continuing need for 11 fees.  The appellate court agreed with the county's argument that the statute of limitations for seeking the fees was one year.  But it further ruled that the theory of ongoing accrual applies to failure to make nexus findings for continued application of fees.  Therefore, only the portions of the causes of action that accrued more than a year before the action are barred.  Because a demurrer challenges an entire cause of action, not a portion, the trial court correctly overruled the demurrer.